Remedy for non-completion of property on time by builder
Respected Sirs
We had entered into a registered agreement with a builder on 30.9.2013 for purchase of a residential property which was structure wise complete but all other works like brick work, plaster, plumping, electricals, lift work, passage etc were pending. Prima facie it looked like the work was not more than 6 months max. Hence to be on the safe side the builder promised to give possession by 30.9.2014, i.e. one year from date of the agreement and was accordingly mentioned in the agreement to be date of possesion
The agreement value is for Rs 90 lacs and during the course of time we have already paid Rs 65 lacs to the builder but to our utter surprise the position of the building remains the same as before.
The builder had obtained the land from the land owner on condition of development as normally the builders do. Power of attorney for development of the land was given to the builder by the land owner. In early 2014 we came to know that the builder had duped the land owner of his fair share and the land owner had filed a case against him for cheque bounces and non payment of his dues. While the builder is out on bail in cheque bounce cases, property cases filed by the land owner against him is pending. The main land owner who had given the power of attorney has passed away in 2016.
Further the builder entered into an agreement with a third party for completion of the balance work and gave him a separate power of attorney on the pretext of giving a floor in the building which the builder had already sold to some one else. If you look at it there's khichdi everywhere.
Present position is we are prohibited by court to enter the property. The builder is out on bail and penny less.
1. Is the power of attorney given by the landowner valid after his death.Can his legal heirs reverse it?
2. Is the second power of attorney given by the builder to third party valid?
3. What are our options considering we are 10 residents and there is little coordination amongst us
4. Is our case barred by limitation considering all the payment of Rs 65 lacs were completed by Dec2013
5. Which would be the appropriate court considering recent orders on real estate builders
Kindly revert. Thanks
Asked 8 years ago in Property Law
Religion: Hindu
